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04112017307 MINUTES CITY OF DUNN DUNN, NORTH CAROLINA The City Council of the City of Dunn held a Regular Meeting on Thursday, April 11, 2017, at 7:00 p.m. in the Dunn Municipal Building. Present was Mayor Oscar N. Harris, Mayor Pro Tem Billy Barfield, Council Members Buddy Maness, Dr. Gwen McNeill, Frank McLean, Billy Tart, and Chuck Turnage. Also present was City Manager Steven Neuschafer, Finance Director Mark Stephens, Public Works Director Dean Gaster, Chief Building Inspector Steven King, Planning Director Samantha Wullenwaber, Chief Bill Halliburton, Recreation Director Brian McNeill, Human Resources Director Anne Thompson, Librarian Mike Williams, Attorney P. Tilghman Pope, City Clerk Jennifer Fortin, Deputy City Clerk Melissa Matti, Daily Record Report Melody Brown -Peyton, and DMP Engineer Randy McNeill. INVOCATION Mayor Harris opened the meeting at 7:00 p.m. and asked Council Member Buddy Maness to give the invocation. Afterwards, the Pledge of Allegiance was repeated. AGENDA ADJUSTMENT AND APPROVAL Motion by Council Member Maness and seconded by Council Member Tart to adopt the April 11, 2017 meeting agenda with changes, if any, as listed below. Agenda Items Added: • none Agenda Items Removed: • none Motion unanimously approved. Certificate of Achievement for Excellence in Financial Reporting Mayor Harris presented a Certificate of Achievement for Excellence award to the Finance Department for its comprehensive annual financial report for the year ended June 30, 2016. PUBLIC COMMENT PERIOD Each speaker is asked to limit comments to 3 minutes, and the total comment period will be 30 minutes. Citizens must sign up and register on a sign-up sheet available on the podium within the City Council Chambers prior to the start of the meeting. Mayor Hams read the City of Dunn City Council Public Comment Policy. There were no public comments at this time. PUBLICHEARINGS Street Closure Public Street Adjacent to N. Fayetteville Avenue Across From W. Wake Street The public has been notified that oral and written comments will be heard and received concerning the request to permanently close the public street adjacent to N. Fayetteville Avenue across from W. Wake Street. The public hearing was duly advertised on March 20", 27th and April 3rd and April 10`h, 2017. Hearing no further comments, Mayor Harris closed the public hearing. Rezoning Request RZ•01-17 RP Wellons Land & Development, LLC PIN# 1517-24-6607.000 1700-1800 block of Friendly Road The public has been notified that oral and written comments will be heard and received concerning the request by RP Wellons Land & Development, LLC to rezone approximately 9+/- acres located in the 1700-1800 block of Friendly Road. The property is currently zoned R-20; Single Family Dwelling District and is proposed to be rezoned to R-7; Single Family Dwelling District. The public hearing is the opportunity for the Council to hear comments and opinions from the public to include any party for or against the request. The public hearing was duly advertised on March 21", April 4" and I Ph, 2017. James Tripp 102 Moses Tripp Lane had concerns about the run-off from the property and if the housing being built was. going to be subsidized. Dwight Snow, General Counsel for RP Wellons Land & Development, LLC addressed the concerns form Mr. Tripp. Mr. Snow believes there will be a catch basin put in place but also stated an engineer would be at the next meeting. As for the subsidized housing, it is notthe plan of the owner to have subsidized housing. Hearing no further comments, Mayor Harris closed the public hearing. M Ordinance Amendment OA -01-17 Chapter 3, Animals & Fowl This is a request to hereby amend Chapter 3, Animals & Fowl to revise the beehive regulations in the city limits and planning jurisdiction. The public hearing is the opportunity for the Council to hear comments and opinions from the public to include any party for or against the request. The public hearing was duly advertised on April 4, 2017. Hearing no comments, Mayor Harris closed the public hearing. Ordinance Amendment OA -02-17 Chapter 22; Article II & IX of the Code of Ordinances This is a request to hereby amend Chapter 22; Article II & IX, protest petitions per general statute requirement. The public hearing is the opportunity for the Council to hear comments and opinions from the public to include any party for or against the request. The public hearing was duly advertised on March 21st, April 4i° and 11th, 2017. Hearing no comments, Mayor Harris closed the public hearing. Ordinance Amendment OA -03-17 Chapter 20; Article III of the code of Ordinances This is a request to amend Chapter 20, Subdivision Ordinance, to amend Article III, performance guarantees. The public hearing is the opportunity for the Council to hear comments and opinions from the public to include any party for or against the request. The public hearing was duly advertised on March 21st, April 4'" and 1 P", 2017. Hearing no comments, Mayor Harris closed the public hearing. Property Unfit For Human Habitation 202-204 W. Divine Street PIN# 1516-514115.000 The public has been notified that oral and written comments will be heard and received concerning the declaring of the single family structure owned by JRB Properties, LLC located at 202-204 W. Divine Street, Dunn, NC as Unfit for Human Habitation. The public hearing was duly advertised on March 28th and April 41h, 2017. Hearing no comments, Mayor Harris closed the public hearing. CONSENTITEMS Minutes — Council considered approval of the minutes of March 3, 2017 Budget Retreat. (Deferred until the May Council Meeting) Minutes — Council considered approval of minutes of the March 14, 2017 City Council Meeting. (Deferred until the May Council Meeting) Proclamation — Dunn Community Clean Up Day was read by City Manager Neuschafer. A copy of Proclamation (P2017-05) for is incorporated into these minutes as Attachment #1. Proclamation — National Library Week was read by Council Member Barfield. A copy of Proclamation (P2017-06) for is incorporated into these minutes as Attachment #2. Motion by Council Member Tart and seconded by Council Member Turnage to approve items 11 and 12 on the consent list. Motion unanimously approved. ITEMS FOR DECISION Consideration of Resolution and Order to Permanently Close a Public. Street Adjacent To N. Fayetteville Avenue Across From W. Wake Street The Resolution and Order to close the above referenced street was adopted by the City Council on March 14, 2017 and a public hearing was held tonight. Motion by Council Member Barfield and seconded by Council Member Tart to adopt the Resolution and Order to permanently close the street adjacent to N. Fayetteville Avenue across from W. Wake Street. Motion unanimously approved. A copy of Resolution (R2017-06) is incorporated into these minutes as attachment #3. Rezoning Request RZ-01-17 RP Wellons Land & Development, LLC PIN# 1517-24-6607.000 1700-1800 block of Friendly Road We This is a request to rezone a parcel of land totaling 9+/- acres located at 1700-1800 block of Friendly Road. The property is zoned R-20; Single Family Dwelling District and is proposed to be rezoned to R-7; Single Family Dwelling District. The Planning Board met on March 28, 2017 to review the request and ask for comments from the public. The Planning Board voted unanimously to approve this request Motion by Council Member Turnage and seconded by Council Member Barfield to approve the rezoning request from R-20 to R-7 for RP Wellons Land & Development, LLC. Motion unanimously approved. Ordinance Amendment OA -01-17 Chapter 3, Animals & Fowl This is a request to hereby amend Chapter 3 Animals and Fowl to revise the beehive regulations in the City limits and planning jurisdiction. The General Assembly passed a law, S.L. 2015-246, which created G.S. 106-645 relating to beehive regulation in cities and counties. Beehives can no longer be prohibited anywhere and must be allowed, although restrictions can be placed on them. The ordinance has been amended to add recommendations from the North Carolina Department of Agriculture Apiary Inspector, Nancy Ruppert. Motion by Council Member Barfield and seconded by Council Member Maness to approve Ordinance Amendment OA -01- 17 Chapter 3 Animals and Fowl. Motion unanimously approved. A copy of Ordinance (02017-09 is incorporated into these minutes as attachment #4. Ordinance Amendment OA -02-17 Chapter 22; Article II & IX of the code of Ordinances This request is to hereby amend Chapter 22; Article II & IX, protest petitions per general statute requirements. The ordinance is being amended due to the general assembly decision to appeal and remove protest petitions from zoning ordinances. This also changes the super majority vote for such petitions since they are no longer writing to the clerk of the board. This section was replaced with citizen comments, which still allows property owners to voice their concerns in writing to the clerk of the board. Motion by Council Member Maness and seconded by Council Member Barfield to approve Ordinance Amendment OA -02- 17 Chapter 22 Zoning Ordinance. Motion unanimously approved. A copy of Ordinance (02017-10) is incorporated into these minutes as attachment #5. Ordinance Amendment OA -03-17 Chapter 20; Article IH of the Code of Ordinances This is a request to hereby amend Chapter 20, Subdivision Ordinance, to amend Article III, performance guarantees. The ordinance is being amended due to changes from session law 2015-187, which clarifies and places restrictions on the authority for performance guarantees. Bonds and other forms of credit may be required if a developer has not installed the required infrastructure upon final submission and review. These funds may be used to install the missing infrastructure but can no longer be used for maintenance or replacement if something breaks. Motion by Council Member Maness and seconded by Council Member Tumage to approve Ordinance Amendment OA -03- 17 Chapter 20 Subdivision Ordinance. Motion unanimously approved. A copy of Ordinance (02017-11) is incorporated into these minutes as attachment #6. Consideration of Ordinance Declaring Property Unfit for Human Habitation 202-204 W. Divine Street PIN 0 1516-57-4115.000 Building Inspector Mike Blackmon has conducted an inspection at 202-204 W. Divine Street and found the structure in a deteriorated condition that does not meet the requirements of the City of Dunn Minimum Housing Code (MHC). The Building Inspector found the property dangerous or prejudicial to the public health or safety and is a nuisance in violation of N.C.G.S.§160A-193. The owner of the property has failed to comply with the Building Inspector's order to bring the structure on the property into compliance with the City of Dunn MHC and pursuant to N.C.G.S. § 160A-443, the City Council has the authority to direct the Chief building Inspector to post on the main entrance of the property a placard that states "This building is unfit for human habitation; the use or occupancy of this building for human habitation is prohibited and unlawful". Motion by Council Member Tonnage and seconded by Council Member Tart to adopt ordinance declaring property unfit for human habitation. Motion unanimously approved. A copy of Ordinance (02017-12) is incorporated into these minutes as attachment #7. Amend Rate & Fee Schedule for Sewer Rate Increase Finance Director Stephens noted that at the city Budget Retreat staff had informed City Council that the City's sewer rates would need to be increased in order to qualify for potential grants to help fund the debt service on the sewer project to address inflow and filtration issues. Once the project is funded, the city will also have the option to apply for a Special Order by Consent with the Department of Environmental Quality. At this time staff is recommending a 10.56% sewer rate increase. With the proposed rate increase the City's monthly sewer rate for a 5,000 gallon user would be $33.20. Updated figures from the School of Government shows sewer rates in our area have a median sewer rate for a 5,000 gallon user of $40.05. HUI City Manager Neuschafer explained for clarification that a Special Order by Consent (SOC) is what is issued by the state due to overflows of sewer. Motion by Council Member Barfield and seconded by Council Member Maness to approve the sewer rate increase. Motion unanimously approved. Smart Meter Feasibility Study Finance Director Stephens noted that at the City's Budget Retreat discussion was held concerning converting the City's 4,750 water meters to an automated reading system. To begin this process a Feasibility Study needs to be completed which will help determine which type of automated equipment the city will need to purchase and the cost/benefit analysis of the entire project. The Feasibility Study should take 90 days to complete and will be presented to City Council once completed. The cost of the study is $16,850 and the existing water/sewer budget would be used to pay for the study. Motion by Council Member Maness and seconded by Council Member Turnage approve the Feasibility Study at a cost of $16,850. Motion unanimously approved. Resolution Providing for the Issuance of $1,180,000 GO Refunding Bonds, Series 2017 Finance Director Stephens noted the purpose is to save on interest costs on our current GO Bond in the Water/Sewer fund we are refunding our current GO Bond with BB&T at an interest rate of 2.14%. This would save the City $66,494 interest costs over the next 8 years. Motion by Council Member Maness and seconded by Council Member Barfield to approve Resolution to decrease the interest rate. Motion unanimously approved. A copy of Resolution (R2017-07) is incorporated into these minutes as attachment #8. Proposed Summer Hours City Manager Neuschafer stated that these operating hours are being referred to as Proposed Summer Hours since they coincide closely with Daylight Saving Time. These seasonal hours have worked very well during the past thirteen years. Motion by Council Member Maness and seconded by Council Member Turnage to approve the Proposed Summer Hours. Motion approved 5-1 with Council Member Barfield opposing. Temporary Blocking of Street Boogie on Broad Concert Series A request has been received from the Event Planning Committee of the Dunn Area Chamber of Commerce requesting the closing of E. Broad Street by 2:00 p.m. from Wilson Avenue to Clinton Avenue. At 5:00 p.m. they are requesting to have Wilson Avenue closed from Cumberland Street to Edgerton Street or as best determined by the Dunn Police Department on the following dates for the event, Boogie on Broad Concert Series in Downtown Dunn: • Friday, April 21, 2017 • Thursday, May 18, 2017 • Thursday, June 15, 2017 Motion by Council Member Turnage and seconded by Council Member Barfield to approve the requested temporary blocking of street. Motion unanimously approved. Resolution Designating the Coordinating Entity For the Local Downtown Associate Community Program City Manager Neuschafer noted this is a request to nominate and support the Downtown Dunn Development Corporation in an effort to make an application to the State of North Carolina for assistance through the local Downtown Associate Community Program. This is a new program and if accepted and nominated it would be a three year program where experts are brought in from the state and help the Downtown Development Corporation with their efforts to revitalize and promote the downtown. The cost over the three years is approximately $5,000.00. Motion by Council Member Barfield and seconded by Council Member Turnage to approve Resolution designating the coordinating entity for the local Downtown Associate Community Program. Motion approved 5-1 with Council Member McNeill opposing. A copy of Resolution (R2017-08) is incorporated into these minutes as attachment #9. ITEM FOR DISCUSSION AND/OR DECISION Set Date for Special Call Meeting/ Budget Work Session Council is being asked to set a Special Call Meeting/Budget Work Session for Friday, May 19, 2017 with a suggested time to begin the meeting at 9:00 a.m. Council Member Turnage, Council Member Barfield and Attorney Pope are not able to make this date. Mayor Harris stated council needs to send City Manager Neuschafer the days they are available for a permanent date to be set. Financial Report Finance Director Mark Stephens provided the following financial report for the period ending February 28, 2017: • The City as of February 28, 2017 had $4,321,516 in cash in the General Fund and $2,597,607 in the Water and Sewer Fund. In February 2016 the City had $3,943,481 in the General Fund and $2,233,955 in the Water and Sewer Fund. 311 • Property Tax collections were $3,775,349 or 102.14% of budget. Last year property tax collections through March were $3,510,887 or 99.23% of budget. • Sales Tax Revenue is $1,136,967 or 67.88% of budget. Benchmark for the month is 58.33% of budget. • Utilities Sales Tax is $531,564 or 67.36% of budget. Benchmark for this month is 75.00% of budget. • Building Permit Fees were $59,676 or 91.80% of budget. Benchmark for this month is 67.67% of budget. • Water and Sewer Revenues were $3,100,639 or 68.90% of budget. Benchmark for this month is 67.67% of budget • Expenditures were 63.22% of budget in the general fund and 58.13% of budget in the water and sewer fund. The benchmark for this period is 67.67% of budget. Motion by Council Member Tart and seconded by Council Member Barfield to accept the Financial Report. Motion carried unanimously. ADMINISTRATIVE REPORTS Tax Report Planning & Inspections Report Public Works Report Recreation Report Library Report Police Report Motion by Council Member Maness and seconded by Council Member Tart to accept the Administrative Reports. Motion unanimously approved. City Manager's Report City Manager Neuschafer gave an update on current City projects and issues. Staff is working on the budget and need to set a budget meeting before the end of May. We are working with the Landscape contractor but were unable to get the contractor awarded the bid to execute the contract. We will be bringing that back before you at the May Council meeting. Parks and Recreation Director McNeill has been working hard to get the ballfields ready for opening day on April 29`h. The first pitch out for baseball is 9:00 a.m. andl1:00 a.m. for softball. The removal of the Royal Inn has begun and will happen over the next several weeks. Public Works Director Gaster gave Council an update on recent issues the Public Works Department and Public Utilities are working on. ANNOUNCEMENTS The following announcements and/or comments were made. Mayor Harris: ➢ 141h Annual PAL Community Fair April 14'h — April 23`d in the new Walmart parking lot ➢ City Offices will be closed Friday, April 14, 2017 in observance of Good Friday ➢ Boogie on Broad will be held on Friday, April 21, 2017 from 6 p.m. -9 p.m. in Downtown Dunn ➢ The Mayor's Prayer Breakfast is scheduled for Thursday, May 4, 2017at 7:30 a.m. in the Gospel Tabernacle Life Center ➢ Dunn Community Clean Up Day will be held on Saturday, May 6, 2017 — Volunteers are asked to meet at the Dunn Area Chamber of Commerce office located at the General William C. Lee Airborne Museum at 8:30 a.m. ➢ The AP Government Class from Triton High School will be participating in the Leaders of Tomorrow (Shadow) Program and mock City Council Meeting on Tuesday, May 9, 2017 beginning at 9:00 a.m. ➢ The next regular City Council Meeting is scheduled for Tuesday, May 9, 2017 @ 7:00 p.m. Mayor Harris recognized the following Eagle Scouts from Troop 711: Matthew Smith — Scout Leader Cole Sumner — Eagle Scout Carson Smith— Eagle Scout Jackson Wood —Eagle Scout. Motion by Council Member Maness and seconded by Council Member Tart to adjourn the meeting at 8:20 p.m. Motion unanimously approved. QAM41_�_,4A� e Oscar N. Harris ,`r.aruuu'11q Ma or TY O � y OL JJ nifer M. ortin, CMC G City Clerk ,.1%t�G�...... FOG :C'ORPOR4?y SEAL °Iy CARO".,"''